Terms and Conditions of Sale
“The company” means Majestic Resin Drives Ltd **company number and address**
1. General. The following Terms and Conditions of sale shall apply exclusively to all sales. Any deviating agreement or amendments are only valid if approved expressively by us in writing and shall in any case be only valid for the specific order for which they are agreed upon; for the later orders only, our Terms and Conditions of Sale shall be valid.
2. Definitions. Seller means Majestic Resin Drives Ltd. Buyer means the individual or organisation that buys or agrees to buy the Goods and Services from the Seller. Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977. Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods and Services incorporating these Terms and Conditions of Sale. Goods means the products or items that the Buyer agrees to purchase from the Seller. Services means the installation service we provide to install the Goods onto the Buyer’s site or any other Services that we may provide from time to time. Terms and Conditions of Sale means the terms and conditions set out in this agreement and any special terms and conditions agreed in writing by the Seller.
3. Conditions. Nothing in these Terms and Conditions of Sale shall affect the Buyer’s statutory rights as a Consumer. These Terms and Conditions of Sale shall apply to all contracts for the sale of Goods and services by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. Any complaints should be addressed to the Seller’s address at **ADDRESS**
Any specific notes on our quotation or acknowledgement of order, when duly authorised, will take precedence over any conflicting statements in these Terms and Conditions of Sale. Our quotations do not allow for any retentions being held against Majestic Resin Drives Ltd.
4. Quotations. Quotations are provided without commitment and no contract between Majestic Resin Drives Ltd and the customer shall arise unless and until the Buyer signs a contract with Majestic Resin Drives Ltd. Costs contained in a quotation are those ruling at the date therefore of guidance only. The contract price shall be the current price agreed at the time of the order placed by the Buyer. All orders for Goods and Services shall be deemed to be an offer by the Buyer to purchase Goods and Services pursuant to these Terms and Conditions of Sale and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or offered an equivalent alternative. Our quotations for Goods and Services are for installations that are suitable for domestic or residential use only and are warranted subject to the terms and conditions herein, unless otherwise stated on the quotation. Our quotations are valid for 60 (“sixty”) days from the date stated on the quotation unless agreed otherwise by us, in writing or stated on the quotation or stated verbally by a senior company represenitive.
5. Changes to terms and conditions of sale. The Seller shall be entitled to alter these Terms and Conditions of Sale at any time, but this right shall not affect the existing Terms and Conditions of Sale accepted by the Buyer upon making a purchase.
6. Severance. If any term or provision of these Terms and Conditions of Sale is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
7. Limitation of liability. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions of Sale by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and Services. The Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage. Nothing in these Terms and Conditions of Sale shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
8. Waiver. No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
9. Force majeure. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
10. Warranty. Exclusions. All other warranties, conditions, or terms relating to fitness for purpose of the Goods and Services, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose. Resin Bound or Bonded surfaces where imprints made from animal indentations or from any other source are not covered under the Warranty. The customer is fully responsible for safeguarding their surface once we have left site. Repairs caused by a third party, inter alia, water company needing access to valves and such like. Damage caused by point impact or loading such as motorbike stands, chair legs, stiletto shoes and such like, skips, skip lorry’s or any other HGVs. Any mechanical or chemical damage. Our liability (except in the case of death or personal injury caused by us) under or in connection with this agreement, whether in contract, tort, negligence, breach of statutory duty or otherwise, shall not exceed the sum of works carried out by us for the contract. We shall not be liable in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you or any other party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. Reflective separation from the base (e.g. concrete, expansion joint movement tarmac/asphalt). Any colour change, variation or shading howsoever caused. Colour change as a result of dirt retention or spillage/staining. Use for any purpose or by any traffic other than that described for the product. Damage not immediately reported to us, frost damage or uv degradation. Damage caused by movement created by growth of tree roots, wheel tracking, failure of substrate, slippage, heave, deformation or sinkage. Stationary wheel turning. Misplacement of drainage i.e. man hole levels. Natural Stone surfaces i.e. flags, paving, block paving and resin bound may in places experience a naturally occurring phenomenon called efflorescence, if this occurs it may not be covered by this Warranty. Project warranties are activated upon receipt of all outstanding payments but begin from the date the work was carried out. In the event that any part of the payment is withheld Majestic Resin Drives Ltd reserves the right to void any warranty. If and when legal proceedings commence to recover any outstanding debt no warranty will be issued. This warranty is based on the application being applied to a suitable substrate in accordance with our substrates and bases requirements. After 7 days the installation is deemed satisfactory. Any claim made against the warranty must be made immediately, and in writing, once any fault is identified and photographic evidence must be supplied, once any fault is identified failure to do so will invalidate the warranty, this is subject to written confirmation by Majestic Resin Drives Ltd. Warranty is only valid if the full guidance from Majestic Resin Drives Ltd Aftercare and Maintenance instructions are followed. Poor maintenance and failure to follow the aftercare guidelines will invalidate the warranty. Warranty will be invalid if customer fails to sweep the road entrance to the resin surface immediately prior to first use by a motor vehicle and periodically thereafter. It is the customers responsibility to ensure they fully read, understand and adhere to these guidelines. By accepting our quotation, terms and conditions you accept that the warranty is only covered by these guidelines. No warranty is transferable between homeowners. No warranty will be discussed, verified nor undertaken by any third party e.g. homeowner who has instructed a contractor who has in turn sub contracted to Majestic Resin Drives Ltd if there are outstanding payments from the main contractor. Proper use of the surface as supplied by Majestic Resin Drives Ltd. Every effort is made to make an existing surface stable to accept the resin overlay, Majestic Resin Drives Ltd cannot be held responsible for any stress cracks that may appear at any time. We will remedy any cracks over 7mm as part of the warranty. Maintenance and aftercare guidelines can be found at www.majesticresindrives.com or a full copy can be sent to you upon request.
Aftercare and Maintenance for all surfaces
Your Resin Bound surface is a low maintenance surface but should be regularly swept, jet washed or blown clean at least once a month, removing road debris, leaves and detritus material in-order to prevent staining, moss growth and or floral intrusion. If the surface has been contaminated by grease, paint, oil or gum and such like, these are best removed with the appropriate removal products. In-order to keep your surface looking its best and to prevent staining any moss or algal growth should be treated using an appropriate herbicide or pressure washed off. Any ingrained algal growth can be removed using an appropriate paving cleaner. The colour of the original surface can be restored by applying a “block paving sealer” i.e. acrylic or resin sealant solution. Salt cannot be used on the surface to help eliminate ice and frost. General cleaning of the surface can be carried out by cold water pressure washing, to remove dirt and grime from the surface. This should be carried out every two years, or earlier if required. Oil stains should be removed as soon as possible using a mild detergent as required to prevent possible staining and degradation of the surface. A cold-water pressure (jet) washer using up to a maximum 90 bar rating can be used. It is recommended that a fan type lance that is kept at a minimum of 200mm above the installed surface is used. Care should be taken to prevent damage to the surface with excessive water pressure. Our resin bound surfaces have been designed for normal domestic, pedestrian and vehicular traffic use. Therefore, protection should be provided wherever possible against abnormal usage. Abnormal usage would be classed as heavy objects such as skips, skip lorry’s or any HGVs. It is also recommended that point load form heavy objects such as motorbike stands etc. are avoided. Very light-coloured surface blends may show tyre marks, removal by pressure washing as detailed herein may be required. Should the surface become damaged we recommend that repairs are carried out as soon as possible. We are able to help you with this please contact us. The information given here is provided as a guide to assist customers with the aftercare and maintenance of their resin bound post installation. Majestic Resin Drives Ltd cannot accept responsibility for how these guidance notes are carried out. The duty of care for maintaining the surface is that of the owner. Majestic Resin Drives Ltd reserves the right to void any warranty given if these aftercare and maintenance instructions are not strictly adhered to.
Thank you for reading our terms and conditions for more information please feel free to call us 0800 535 3972!